How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Amber E. Your Own Question

Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1426
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
17831645
Type Your Family Law Question Here...
Amber E. is online now
A new question is answered every 9 seconds

What if any are my rights to have schedule visitation with

Resolved Question:

What if any are my rights to have schedule visitation with my grandson who is 12 in Ohio?? My daughter died last February of unknown causes and his father is being unreasonable. I don't think I have any inherent rights but why then have "Grandparent's Right Law" in this state?? What good does it do ? An attorney here told me I would be lucky to see him 1 weekend a month from Sat afternoon till Sunday at 4pm which is the current arrangement. I don't agree with this but am tired of fighting the father. Please help me understand this law... Thank You .
Submitted: 1 year ago.
Category: Family Law
Expert:  Amber E. replied 1 year ago.
1. What if any are my rights to have schedule visitation with my grandson who is 12 in Ohio?? My daughter died last February of unknown causes and his father is being unreasonable. I don't think I have any inherent rights...

The good news is that you do. In Ohio, grandparents may petition for visitation rights only under very limited circumstances, one of which is that either the father or the mother of the child is deceased.

The specific Ohio statutes setting forth these rights are in Ohio Revised Code § 3109.051, Ohio Revised Code § 3109.11, and Ohio Revised Code § 3109.12.

A court will likely grant a petition for visitation rights under these circumstances if it finds that the visitation is in the best interests of the child. How much time you will be entitled to will depend entirely upon the particulars of the case, there are no guarantees. It is not unreasonable to ask for time on holidays, birthdays, and the like, so long as this is time you spent with the child in the past. But again, it will be entirely within the discretion of the judge.

2. why then have "Grandparent's Right Law" in this state?? What good does it do ?

It allows the children to maintain some contact with extended family, but without crossing the line of violating the parent's rights to control their children's access to third parties. The general idea behind the limitation is that parents have a constitutional right to their children. This means that the state is restricted in what it can do when it comes to telling parents who their children can or cannot spend time with. On the other hand, the courts understand that it is in the best interest of children to maintain a relationship with extended family. The difficult position for the courts and the legislature is balancing that interest against a parent's right to raise their children how they see fit. It is a fine line, and a difficult issue, but that is why it is there and why the parents wishes carry so much more weight than you might think is right.

Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1426
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
Amber E. and 7 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions